[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR34.123]

[Page 563-564]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS--Table of 
Contents
 
                          Subpart H--Violations
 
Sec. 34.123  Criminal penalties.

    (a) Section 223 of the Atomic Energy Act of 1952, as amended, 
provides for criminal sanctions for willful violation of, attempted 
violation of, or conspiracy to violate, any regulation issued under one 
or more of Sec. Sec. 161b, 161i, or 161o of the Act. For purposes of 
Section 223, all the regulations in 10 CFR part 34 are issued under one 
or more of Sec. Sec. 161b, 161i, or 161o, except for the sections 
listed in paragraph (b) of this section.
    (b) The regulations in 10 CFR part 34 that are not issued under 
sections 161b, 161i, or 161o for the purposes of Section 223 are as 
follows: Sec. Sec. 34.1, 34.3, 34.5, 34.8, 34.11, 34.13, 34.111, 
34.121, 34.123.

            Appendix A to Part 34--Radiographer Certification

       I. Requirements for an Independent Certifying Organization

    An independent certifying organization shall:
    1. Be an organization such as a society or association, whose 
members participate in, or have an interest in, the fields of industrial 
radiography;
    2. Make its membership available to the general public nationwide 
that is not restricted because of race, color, religion, sex, age, 
national origin or disability;
    3. Have a certification program open to nonmembers, as well as 
members;
    4. Be an incorporated, nationally recognized organization, that is 
involved in setting national standards of practice within its fields of 
expertise;
    5. Have an adequate staff, a viable system for financing its 
operations, and a policy-and decision-making review board;
    6. Have a set of written organizational by-laws and policies that 
provide adequate assurance of lack of conflict of interest and a system 
for monitoring and enforcing those by-laws and policies;
    7. Have a committee, whose members can carry out their 
responsibilities impartially, to review and approve the certification 
guidelines and procedures, and to advise the organization's staff in 
implementing the certification program;
    8. Have a committee, whose members can carry out their 
responsibilities impartially, to review complaints against certified 
individuals and to determine appropriate sanctions;
    9. Have written procedures describing all aspects of its 
certification program, maintain records of the current status of each 
individual's certification and the administration of its certification 
program;
    10. Have procedures to ensure that certified individuals are 
provided due process with respect to the administration of its 
certification program, including the process of becoming certified and 
any sanctions imposed against certified individuals;
    11. Have procedures for proctoring examinations, including 
qualifications for proctors. These procedures must ensure that the 
individuals proctoring each examination are not employed by the same 
company or corporation (or a wholly-owned subsidiary of such company or 
corporation) as any of the examinees;
    12. Exchange information about certified individuals with the 
Commission and other independent certifying organizations and/or 
Agreement States and allow periodic review of its certification program 
and related records; and
    13. Provide a description to the Commission of its procedures for 
choosing examination sites and for providing an appropriate examination 
environment.

               II. Requirements for Certification Programs

    All certification programs must:
    1. Require applicants for certification to (a) receive training in 
the topics set forth in Sec. 34.43(g) or equivalent Agreement State 
regulations, and (b) satisfactorily complete a written examination 
covering these topics;
    2. Require applicants for certification to provide documentation 
that demonstrates that the applicant has: (a) received training in the 
topics set forth in Sec. 34.43(g) or equivalent Agreement State 
regulations; (b) satisfactorily completed a minimum period of on-the-job 
training; and (c) has received verification by an Agreement State or a 
NRC licensee that the applicant has demonstrated the capability of 
independently working as a radiographer;
    3. Include procedures to ensure that all examination questions are 
protected from disclosure;
    4. Include procedures for denying an application, revoking, 
suspending, and reinstating a certificate;
    5. Provide a certification period of not less than 3 years nor more 
than 5 years;
    6. Include procedures for renewing certifications and, if the 
procedures allow renewals without examination, require evidence of 
recent full-time employment and annual refresher training.
    7. Provide a timely response to inquiries, by telephone or letter, 
from members of the

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public, about an individual's certification status.

               III. Requirements for Written Examinations

    All examinations must be:
    1. Designed to test an individual's knowledge and understanding of 
the topics listed in Sec. 34.43(g) or equivalent Agreement State 
requirements;
    2. Written in a multiple-choice format;
    3. Have test items drawn from a question bank containing 
psychometrically valid questions based on the material in Sec. 
34.43(g).